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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the new civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them and provides a look to German and Austrian civil codes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, selected basic principles and systematic of the New civil code and inheritance law. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, Irregular forms, Regular forms, How to change or cancel it, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that combines parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic protection to the sides, Cancellation and changing contract. Chapter four focuses on Legacy interesting in the...
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Principles of the law of inheritance ind the Czech lands before its codification in 1811
Klucová, Monika ; Kindl, Vladimír (advisor) ; Soukup, Ladislav (referee)
This diploma thesis [in the master's course], drawn up at the Faculty of Law of Charles University in Prague, deals with the principles of the law of inheritance in Bohemia prior to its codification in 1811. Although inheritance law is one of the oldest branches of law, and was very thoroughly developed in ancient Roman law, in our territory it actually started to develop some more only after the Hussite movement. That is due to the fact that in the Middle Ages, the prevailing concepts were the ruler's right to bona vacantia and family indivisible ownership ["rodinný nedíl" in Czech], both of which did not really make it possible to pass estate from the deceased to their heirs. Therefore the aim of the thesis is to examine and gain a deeper insight into the historical development and historical contexts of the law of inheritance in our territory, which had preceded its modern form that was first codified in Allgemeines bürgerliches Gesetzbuch [the General Civil Code], which accepted the structure of the Inheritance Patent of Joseph II in 1811. Part One of the thesis, Introduction, briefly discusses the law of inheritance as a specific element of legal science, the principles of inheritance law, and inheritance conditions and titles. Part Two, Excursion into History - Inheritance in Roman Law,...
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Women of town České Budějovice in the light of testaments
MRVKOVÁ, Lucie
The Bachelor thesis "Women of town České Budějovice in the light of testaments" proceses the last wills and the give up the possesion from 14931550, which are deposited in SOkA České Budějovice. Another used source is the town lawcode from Brikcí of Licko, which is editorially processed. The attention is devoted to inheritance and property law of townwomen in default standard. From testaments is made a picture of women in role of women-testators, heiress and trusteers. The thesis includes the ortographic analysis of sources and results of diplomatic analysis of testaments are compared with testaments from another towns. The thesis include selection of edited testaments.
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Inheritance law in theory and practice
Tůmová, Kristina ; Spirit, Michal (advisor) ; Pavlincová, Jana (referee)
Subject of the Bachelor thesis "Inheritance law in theory and practice" is dedicated to the most significant changes between new and old Civil code, in the right of succession area. New Civil code broadened the provisions concerning inheritance and brought back some expressions used in previous civil codes. The goal of the theoretical part is to familiarize readers with the evolution process of Inheritance law in the Czech Republic territory from the beginning of 20th century until the present day. A concrete case was chosen for the practical part, judged by the old Civil code. In the case is shown, how insufficient legislation can affect interpretation of the law. In the conclusion a model situation is added to illustrate what would happen if the important questions in this case were heard by the new Civil code.
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Inheritance law in theory and practice
Blodková, Gabriela ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
Subject of the Bachelor thesis "Inheritance law in theory and practice" deals with the law of succession applicable in the Czech Republic. In the theoretical part I pay attention to development of inheritance law, from Roman law to the present, after that I describe preconditions of inheritance law and its progress, including the possibility refusal of inheritance rights from the perspective of the New Civil Code. I put the emphasis on the most important changes between the former and the new Civil Code in the law of succession and on repeated implementation of some institutions. In the practical part there is analysed last will and then described the progress of the will by the notary. The practical part analyses last will and describes the process of acquisition of the will from the notary.
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Analysis of the Czech and Spanish Legal Terminology in Right of Heritage
PĚKNÁ, Adéla
This bachelor work analyses the Czech and Spanish special terminology in the sphere of the inheritance law. The objective of this work is to outline the law frame of the hereditary right both in the Czech republic and Spain, setting out comparison of modifications in both countries and paying attention to the most important differences, both in the law content and the language aspect. The practical part is aimed at the lexical analysis of the special terminology in the sphere of hereditary right and problems of juridical terminology. For this purpose was a zero hypothesis stated consisting of partial hypotheses which are verified in the conclusion of the practical part and the results are interpreted. The practical goal is in the application of realia in the sphere of hereditary right on language comparison and its achievement. The work contains a summary in Spanish and a bilingual glossary.
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Institute of inheritance law in the Czech Republic
Hlaváčková, Lucie ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the inheritance law governing transfer of deceased's ownership rights and obligations to his legal successors. There are desribed rights variations of individual groups of inheritors with focus on inheritance legislation of persons without matrimony. The subject of this thesis is also inheritance proceedings, inheritance refusal, inheritance disability or disinheritance, including example of both local proceedings and Czech Supreme Court jurisprudence.
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Inheritance as a change of ownership rights
Velín, Aleš ; Spirit, Michal (advisor) ; Měchurová, Miroslava (referee)
This bachelor dissertation deals globally with inheritence, inheritance law and inheritance procedure in the most simplified way. It begins with a historical development from Ancient Rome thought Middle Ages till contemporary legal regulations according to the parts of the Civil Code dedicated to the inheritance and finishes with a description of inheritance procedure also according to the Civil Procedure Code. Some of the chapters of the bachelor dissertation are enriched by the judgements.
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Inheritance as a Change of Ownership Rights
Répal, Lukáš ; Spirit, Michal (advisor) ; Soušková, Milena (referee)
This bachelor dissertation is committed to inheritance, inheritance law and inheritance as a change of the rights of ownership. The goal of this work is to give enough information so that even the unknowing reader will know what is connected with inheritance, what are the basic terms from this area of law and also the questions of inheritance's inter-family relations because inheritance will be a subject everyone deals with eventually. The subject of this dissertation is inheritance from history until current legal regulation. At the same time there is also mentioned inheritance as a change of ownership law and concepts that are related with this part of civil law. In the introduction is explained the terms of inheritance and inheritance law with the view to the history of Roman law and to the Middle Ages. Next is an explanation of the basic law terms through to our current law regulation. There is also a focus on inheritance procedure including the change of the ownership rights and then will be the process of the registration of the ownership right to the real estate cadastre. With this topic is also connected a possibility of an unmerchantable inheritance. With this topic is connected one of the cases that are mentioned. At the end this work is included practices of the courts.
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